Do we have power over this land

Your question is complex :

In the early eighties of the century, my father and uncle each bought three plots of land from relatives and friends in Village A. First of all, whether your father and uncle are rural residents or urban residents. If you are a resident, you are restricted from buying and selling.

Rural land is collective, so peasants only have the right to contract. If it's a homestead, it's even more unlikely. China's existing rural housing system mainly reflects the level of homestead system, with "one house per household", "statutory area", "free acquisition and use", and "restriction of circulation and mortgage" as the basic characteristics.

Decree No. 47 of the Ministry of Agriculture).

Measures for the Administration of the Circulation of Rural Land Contracting and Management Rights

You can go and see the full text of this decree. Rural land policy is on the cusp, and there are many changes at this time.

Supplement: 2. Urban hukou is not allowed to buy rural homesteads, the scarcity of land is determined, especially in rural areas, if you can buy homesteads, you have the right to participate in the distribution of collective wealth in the village, such as forest land, water, rural areas have a lot of collective property, and the local people will not let others settle down.

If the sale is not protected by law.

Decision on Deepening Reform and Strict Land Management".

The Land Management Law of the People's Republic of China has clear provisions;

1.Allocation of land use rights.

The right to use the allocated land refers to the state-owned land use right obtained by the people at or above the county level in accordance with the law, after the land user pays compensation, resettlement and other expenses, or the state-owned land use right obtained free of charge after being approved by the people at or above the county level in accordance with the law. It can be seen that there are two basic forms of allocating land use rights.

2.Transfer of land use rights.

The transfer of land use rights refers to the transfer of state-owned land use rights to land users within a certain period of time by the state as the land owner. The land use right is obtained by the land user after paying the land use right transfer fee to the state.

Legal basis: Article 15 of the Land Management Law of the People's Republic of China The people at all levels shall organize the preparation of the overall land use plan in accordance with the national economic and social chain development plan, the requirements of land consolidation and resource and environmental protection, the land supply capacity and the demand for land for various constructions. The planning period of the overall land use plan shall be specified by ***.

1 all.

1. Lin's land belongs to collective land in accordance with the law, and the ownership belongs to the collective (village committee or villager group), and Lin only has the right to use but not the ownership.

2. Collective land use rights can generally only be transferred within the scope of the collective, and the consent of more than two-thirds of the members of the collective must be obtained.

3. Illegal buying and selling of collective land is prohibited.

4. At present, China is actively exploring the circulation of rural land contract management rights. If you are a member of the collective, it is recommended that you and Lin jointly apply to the village committee or villagers' congress for the transfer of land contracting and management rights and go through the relevant procedures.

1. This land belongs to the collective, but it cannot be bought or sold whether it is collective or state-owned. It can only be transferred or subleased legally under the circumstances prescribed by law, where the transferee and lessee only acquire the right to use the land, not ownership.

2. The land you mentioned, because you transferred the ** rent or contract from Lin, did not go through the corresponding procedures for changing the land use right, so if you want to transfer it now, you must obtain the consent of the collective organization.

First of all, the right to contract and manage rural land is protected by law.

Secondly, the transfer of land contract management rights shall meet the conditions for circulation and sign a written agreement, and the consent of the village committee shall also be obtained;

Therefore, if Lin's land contracting and management rights are shared by the production team (i.e., Lin should hold legal procedures), and you receive the land contracting and management rights from Lin through a written agreement (with a sales contract), and your transfer meets the conditions (such as you are a farmer, etc.), the contract you signed with Lin at that time is valid, and you can claim the legal contracting and management rights of the land.

If you intend to transfer to an external party, you should go through the appropriate formalities, including signing a written agreement and obtaining the consent of the village committee (let the village committee stamp the agreement).

For details, please refer to the Rural Land Contract Law.

Land cannot be bought or sold, only the right to use it can be transferred.

You can ask for it back.

73rd sale or other forms of illegal transfer of land, by the people's land administrative departments at or above the county level confiscated illegal gains; For those who change agricultural land into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the original state of the land shall be restored, and the newly built buildings and other facilities on the illegally transferred land shall be confiscated if they conform to the overall land use plan; Fines may be imposed in combination; The directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Hello, the two provisions you said are not in conflict, first, individuals only have the right to use but not ownership, and second, a number of provisions on determining land ownership and use rights: Article 21 says that a peasant collective uses other peasant collectives, and here it is said that Shen Laoshan is clear that the peasant collective is not an individual (for example, the situation of a village with a wide cavity and another village or a community using another community is a number of provisions for determining land ownership and use rights: the situation to be said in Article 21 contains Hu).

Hope it works for you.

1. Hello, first of all, I would like to explain that Article 21 of your list is the article of "Several Provisions on the Determination of Land Ownership and Use Rights in the Cause of Famine";

2. Article 21 first specifies that the subject is the peasant collective. That is: village committees; Therefore, from your description, the dispute between your family and your uncle is a personal dispute, so Article 21 does not apply;

3. If your family has proof (such as property right certificate, etc.), you can win the lawsuit; Poor property rights do not extinguish the sale of bridges because of the length of time.

1. If all the land approved by the first legal procedures is used for infrastructure housing, then this procedure is of course protected by law, since it is approved by your parents, in your own name, the approval of land use is to approve the rural homestead in the "household" unit (this household refers to the members of your household registration book, your brother is a non-agricultural household registration, and it is not in this household), you as a "land building applicant", after approval, you can "occupy, use, earn, and dispose of" the property right (the disposal of rural homestead is restricted).

You have your worries, that is, you are afraid that your brother will interfere, and your parents treat your brother with their hands, and the palms and backs of their hands are full of meat, but if they are authoritative in this family, there will never be any substantive interference from your brother in the things they decide, so you don't have to worry. If your brother's ability in this family can interfere with you, I also think he should proceed from reality, he has a job, his ability may buy a house in a better place and even he has enjoyed the best housing subsidy policy, and will support you in the case that you actually need a house. As you, you should also think about it from his standpoint, see if you only think about it, whether he bought a house or other things, and whether his parents have achieved a bowl of water.

Finally, even if he is a non-agricultural hukou, you also know that it is not possible to approve rural homesteads in his name. Rural homestead is a kind of welfare given by peasant collectives to villagers (agricultural household registration or members of village collectives), and for him, this benefit cannot be enjoyed.

Basic Definition and Application Conditions for Rural Homesteads:

1. Basic Interpretation: Rural homestead land is limited to the members of the collective economic organization who meet the requirements and enjoy the use in accordance with the standards stipulated by laws and regulations for the construction of their own residential houses.

2. Application conditions: (1) It is really necessary to divide the household due to the marriage of the children and other reasons, and there is a lack of homestead; (2) Immigrants settle down and become members of the collective economic organization and do not have homesteads; (3) It is necessary to relocate due to the occurrence or prevention of natural disasters, the implementation of village and market town planning, and the construction of township (town) village public facilities and public welfare undertakings.

Rural villagers shall not be approved to use homestead land under any of the following circumstances: (1) under the age of 18; (2) The area of the original homestead has reached the prescribed standard or can meet the needs of subdivision; (3) Selling or renting out houses in the village.

Article 62 of the Land Management Law stipulates that a rural villager can only have one homestead, that is, "one house per household".

The one that has been approved belongs to you, but whether you have a homestead certificate or a collective land certificate and a certificate of use right for your approval, or is it a certificate from the village. If there is a homestead certificate or a collective land certificate, others cannot interfere, and this registration is a confirmation of ownership, exclusivity, and is protected by law.

This is the property of your parents, they have the right to control it, and this can be done by asking them to write you a written thing and just do it justice. As long as your parents want to, you don't have to worry.

As long as your parents want to, they have control over your parents in their name. Give to whomever you want.